Poland’s Supreme Court failed to elect a new president Tuesday as judges boycotted the meeting, leaving the court without leadership.
Boycott by “Paleo-Judges”
The meeting to select candidates for the new president of the Supreme Court did not take place on Tuesday as planned. The General Assembly of Supreme Court judges, which was supposed to elect five candidates in a secret ballot to be presented to the president, could not be held due to lack of quorum – only 48 of the 84 judges appeared. Another General Assembly has been scheduled for Wednesday.
So-called “paleo-judges” announced before the meeting that they would not participate. This term refers to judges appointed before 2018, before changes to the method of electing the National Council of the Judiciary (KRS), and thus before the creation of the so-called neo-KRS. In a statement cited by TVN24, 29 judges classified as “old” Supreme Court judges stated that they believe the meeting was called by a person appointed as president of the Supreme Court in violation of the Constitution and the 2017 Supreme Court Act. The judges also argue that conducting the General Assembly with judges appointed after KRS changes means it will not be an organ within the meaning of the Supreme Court Act. They declared that until the situation in the judiciary is “healed,” they will not participate in either the General Assembly or the meetings of individual chambers.
End of Małgorzata Manowska’s Term
Małgorzata Manowska’s six-year term as President of the Supreme Court ends on May 26. According to current regulations, the General Assembly selects five candidates from active judges. The president then appoints one of them as president of the Supreme Court for a six-year term. The same person may hold this position for a maximum of two terms. Earlier, Manowska announced that she does not intend to seek another term unless there are “extraordinary circumstances.”
What Does the Procedure Look Like Now?
According to the law, to select candidates at the first meeting, the presence of at least 84 members of the General Assembly is required. If quorum is not achieved, the threshold for the next meeting drops to 75 judges. In the case of a third attempt, the selection can be made with the presence of at least 32 members. The second and any third meeting must be called no later than five days after the previous one.